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Childcare issues following divorce or separation

Relationship breakdowns are often more difficult and more upsetting where there are children to consider. Often the children do not understand why their parents must live apart and have difficulties themselves coping with the changes.

While  you and your partner may be divorcing or separating, this does not end your role as a parent. However with many parents finding it difficult to agree arrangements for the children, such as where they should live, when they should see the other parent and the payment of child maintenance, our team of family solicitors recognise the importance of helping you and your family deal with issues surrounding the best interests and welfare of your children.

Having helped many families in this area of law, where possible we can help with mediation and negotiation, helping reach an agreement between you and your partner. However, where agreement cannot be reached we have all the experience necessary to advise and represent you at court.

The main orders concerning children that can be made by court are:

  • Residence orders (where should a child live)
  • Contact orders (the level of contact that a person should have with a child)
  • Prohibited steps orders (orders preventing something, such as removing a child to live elsewhere in England or abroad)
  • Specific issue orders (such as change of names or what school a child should go to)

Child maintenance

When a couple separate the patent who is not living with the children, will pay child maintenance. This is the regular financial support paid to the parent who is the main day to day carer.There are three ways in which child maintenance can be paid:

  • Through voluntary child maintenance agreements
  • By the Child Support Agency (CSA), a government agency set up to calculate, and in some cases collect, payments of child support from the parent who has to pay child maintenance
  • Under the terms of a court order

Our team of family solicitors can provide legal advice about voluntary maintenance arrangements and we are able to help draft appropriate agreements. We are also able to advise you how to work effectively with the CSA to get the best outcome for your children and we will assist you where it is appropriate to apply to the court for a child maintenance order.

If you’d like to find out more about how we can help you contact us today.

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